In re the Second Judicial Settlement & Intermediate Accounting of Wallach
Appellate Division of the Supreme Court of the State of New York
Appeal by Sidney Wallach, as executor and trustee, etc., from part of a decree of the Surrogate’s" Court of the county of New York, entered in the office of said Surrogate’s Court on the 19th day of March, 1914, confirming a referee’s report. The appeal is from so much of the judgment as surcharges the accounts of the appellant with the sum of $200.
1Opinion of the Court
Dowling, J.:
The question involved in this appeal was heretofore before this court upon the construction of the decedent’s will in Wallach v. Wallach (144 App. Div. 19). A majority of this court concurred in a modification of the judgment therein by striking out all of the provisions whereby the clauses of the will were construed bearing upon the employment of the decedent’s son as sole attorney and counsel for the executors and trustees of the estate. A minority dissented and voted for affirmance upon the grounds set forth in the opinion of the court at Special Term. That opinion appears in…
2Cases cited10 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Collier v. . MunnNew York Court of Appeals · 1869
- In re Estate of OgierCalifornia Supreme Court · 1894
- In Re the Accounting of CaldwellNew York Court of Appeals · 1907
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3Cited by15 opinions
- Stearns v. AbbottCalifornia Supreme Court · 1926
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- State Ex Rel. Seifert v. SmithSupreme Court of Minnesota · 1961
- Chancey v. WestSupreme Court of Alabama · 1957
- Hughes v. HiscoxNew York Supreme Court · 1919
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